P. v. Acosta CA5
During a brawl involving members of two neighboring families, appellant Edgardo Acosta shot a combatant in the shoulder with a small handgun, and a bullet struck appellant’s own 13-year-old daughter, M.A., in her forehead. Both victims recovered from their wounds. At trial, appellant contended that he fired the gun in defense of another. A jury found him not guilty of attempted murder (Pen. Code, §§ 664/187, subd. (a); count 1), but guilty of the lesser included charge of attempted voluntary manslaughter (§§ 664/192, subd. (a); count 1) and guilty of child endangerment (§ 273a, subd. (a); count 2). The jury found true that he personally inflicted great bodily injury upon both victims (§ 12022.7, subd. (a)) and he used a firearm in both crimes (§ 12022.5, subd. (a)). Finally, as to both victims, the jury found him not guilty of either assault with a firearm or simple assault (§§ 245, subd. (a)(2), 240; counts 3 & 4).
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